A 25-year-old Hamilton man found not criminally responsible for stabbing his 16-year-old cousin to death at a family barbecue will remain in a psychiatric hospital indefinitely.
Ontario Review Board Decision
The Ontario Review Board ordered Laureano Bistoyong to stay in custody at St. Joseph’s Healthcare Hamilton’s West 5th Campus Forensic Psychiatry Program. The decision, issued last week on February 18, requires annual reviews. Reasons for the ruling will become public soon.
Fatal Stabbing at Family Gathering
On Canada Day 2023, Mark Bistoyong sat eating at a family barbecue near a Hamilton Mountain home when Laureano stabbed him in the chest with a chef’s knife. The incident followed a heated basketball game nearby.
Trial and Mental Health Assessment
Superior Court Justice Andrew Goodman initially found Bistoyong guilty of second-degree murder in 2024. A subsequent mental health evaluation led his defense to argue he was not criminally responsible.
Forensic psychiatrist Dr. Gary Andrew Chaimowitz assessed Bistoyong over 60 days at St. Joseph’s and diagnosed schizophrenia. Chaimowitz testified that Bistoyong could not distinguish right from wrong and believed his cousin was a demon during the attack. Symptoms developed gradually, leading to social withdrawal unnoticed by family and friends. Another psychiatrist supported this assessment, prompting Goodman’s November ruling of not criminally responsible.
Family’s Reaction
Mark’s mother, Merl Bistoyong, expressed disappointment outside the Hamilton courthouse. “This is not justice,” she said. “It’s crime. My son is being victimized all over again, this time by the legal justice system.”
Detention Conditions
The board chose detention over absolute or conditional discharge to protect the public while ensuring treatment. Bistoyong may leave hospital grounds only for medical, dental, legal, or compassionate reasons, escorted by staff. Community access with non-staff supervision requires board approval. The hospital must notify police of any unescorted leaves.
